Jackson v. Bush
Supreme Court of Alabama
•Appeal from the Circuit Court of Marshall. Tried before the Hon. James Aiken. This action was brought by George Bush, against James L. Jackson and Thomas Price, and was commenced before adjust-ice of the peace, on the 16th October, 1882. The cause of. action, as stated in the justice’s warrant, was “an action of. debt by account not exceeding $100.” The record does not set out any complaint filed in the Circuit Court, but the bill of exceptions states that the action, “ as…
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•Appeal from the Circuit Court of Marshall. Tried before the Hon. James Aiken. This action was brought by George Bush, against James L. Jackson and Thomas Price, and was commenced before adjust-ice of the peace, on the 16th October, 1882. The cause of. action, as stated in the justice’s warrant, was “an action of. debt by account not exceeding $100.” The record does not set out any complaint filed in the Circuit Court, but the bill of exceptions states that the action, “ as shown by the evidence on the trial, was upon an account composed of two classes of items, as follows : work and labor…
1Opinion of the CourtSomerville, J.
— The complaint avers a joint contract, or cause of action, in favor of the plaintiff against the defendants, Price and Jackson. To authorize a recovery, the evidence must establish the contract or promise as alleged, not another one different in legal effect. The promise, in other words, must be shown to have been joint and not several. 'Separate and distinct promises to pay, made at different times, will not support a joint action against the separate promisors, although they may impose a separate liability on each of the defendants. — Jones v. Englehardt, 78 Ala. 505; Walker v. Insurance…
2Cases cited2 opinions
- Jones v. EngelhardtSupreme Court of Alabama · 1885
- Walker v. Mobile Marine Dock & Mutual InsuranceSupreme Court of Alabama · 1858
3Cited by6 opinions
- Louisville N. R. Co. v. StricklandSupreme Court of Alabama · 1929
- Winter-Loeb Grocery Co. v. BoykinSupreme Court of Alabama · 1919
- Redmond & Co. v. Louisville & Nashville R. R.Supreme Court of Alabama · 1908
- Thompson v. RichardsonSupreme Court of Alabama · 1893
- Brown v. FowlerSupreme Court of Alabama · 1901
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